6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly aggravated any pre-existing condition he might have had. Clearly, there is substantial evidence to support the reasonable connection between private respondent's work and development and exacerbation of his heart ailment. xxxx As to the award of sickness allowance, we find it to be warranted by the undisputed fact on record that private respondent's basic salary is US$ 455.00 per month. However, we modify that amount. Private respondent has a right to receive the sickness allowance for 120 days pursuant to Section 20 (B) (3) of the POEA SEC and not 43 days as found by the NLRC. Multiplying the 120-day sickness allowance due to private respondent on the basis of the correct monthly rate of US$455.00, he should be awarded US$1,820.00 as sickness allowance. As to the reimbursement of medical expenses, we will likewise modify this award. The records reveal that only the amount of P104,955.31 are duly supported by official receipts. As to the award of attorney's fees, the same is justified, as private respondent actually hired the services of a lawyer to vindicate his right to claim his disability benefits. Attorney's fees is [sic] recoverable when the defendant's act or omission has compelled the plaintiff to incur expenses to protect his interest. The attorney's fees awarded by the NLRC shall be maintained but must reflect the modified amount of the sickness allowance and reimbursement of medical expenses. With respect to petitioners' application for provisional remedies, there is no need to pass upon it as it has been rendered moot and fait accompli by this decision. WHEREFORE, premises considered, this petition is DISMISSED. The assailed Decision dated September 14, 2010 and Resolution dated October 29, 2010 of the NLRC is [sic] AFFIRMED with MODIFICATION. Petitioners are hereby ORDERED to jointly and severally pay private respondent Virgilio Mazaredo the following: (1) permanent disability compensation in the amount of US$60,000.00; (2) sickness allowance in the amount US$1,820.00; (3) reimbursement of medical expenses in the amount of PI04,955.31; and (4) attorney's fees equivalent to ten percent (10%) of the total monetary award. SO ORDERED.[42] Petitioners filed a Motion for Reconsideration,[43] but the CA denied the same in its March 28, 2012 Resolution. Hence, the present Petition. Issues elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61296 11/20